JUDGMENT

Atan Mustaffa Yussof Ahmad J:

Introduction

[1] Before the court is an appeal by the Appellants against the decision of the learned Sessions court Judge ("SCJ") dated 12 August 2024, allowing the Respondents' application for assessment of damages under O 37 r 1 of the Rules of 2012 ("ROC") in encl 38. The total damages awarded were RM196,260.81, including costs of RM2,000.00 The Appellants submit that the learned SCJ erred in law and fact in allowing the Respondents' application for assessment of damages.

Background Facts

[2] The Appellants, AWA New Parts Sdn Bhd and Yip Wai Kean, commenced a suit against the Respondents for, among other things, breaches of fiduciary duties alleging that the Respondents (including former directors and employees) had conspired to establish a competing business, diverted customers, and caused financial losses.

[3] On 23 June 2023, the Appellants applied for an interim ex-parte injunction under encl 5 to restrain the Respondents from entering or using the Appellants' business premises located at Lot 37079, Jalan 10/118B, Desa Tun Razak, 56000 Kuala Lumpur ("the premises") and from removing any equipment or inventory pending the resolution of the ma